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Legal Information Management 7 (2007), pp. 133-139
© The British and Irish Association of Law Librarians Printed in the United Kingdom doi: 10.101 7/SI 472669606001204

Sources of Indian Legal Information

Calcutta for deciding civil suits for small pecuniary

amounts. In 1850 these 'Courts of Requests' were
abolished and in their place Small Causes Courts were
This paper features legal information sources in the established in the three Presidency towns. In Mofussils
British Period and the period after Indian Independence. Small Causes Courts were established in 1860.
The main source of law in India is the Constitution which In 1861 the British Parliament passed the 'the Indian
gives due recognition to statutes, case law and customary High Courts Act'. This Act empowered the Crown to
law, consistent with their dispensations. The statutes are establish by Letters Patent, High Courts of Judicature at
enacted by the Parliament, State Legislatures and Union Calcutta, Madras and Bombay. The jurisdiction and
Territory Legislatures. There are laws known as delegated powers of the High Courts were to be fixed by Letters
legislation in the form of rules, and regulations, as well as Patent. As per Letters Patent, each High Court consisted
bye-laws made by Central Government, State Governments of the Chief Justice and as many Puisne Judges, not
and local authorities under the authority conferred or exceeding fifteen, as the Crown might think fit to appoint
delegated by Parliament or the concerned State or Union from time to time.
Territory Legislature. Laws made by Parliament may extend The Supreme Court of India was inaugurated in 1950
throughout, or in any part of the territory of India, and those at New Delhi. It was presided over by Hon'ble Harilal J.
by State Legislatures may generally apply only within the Kania, the then Chief Justice of India. In his inaugural
territory of the State concerned. address, Chief Justice Kania highlighted the status and
The study of Indian legal history can be divided into independence of the Supreme Court as:
four periods: "The Supreme Court, an all India Court, will stand
I. The Hindu Period: covering 1500 years before and firm and aloof from party politics and political theories.
after the beginning of the Christian Era. One of the The Court stands to administer the law for the time
oldest legal systems. being in force, has goodwill and sympathy for all, but is
2. The Muslim Period: begins in 1100 A.D. when the allied to none ...........
first major Muslim invasion took place. The Supreme Court of India is the highest judicial
3. The British Period: began in the mid-eighteenth organ in India and is not bound by its own decisions. The
law laid down by the Supreme Court of India shall be
century and lasted for two hundred years.
binding on all courts within the territory of India. The
4. After Independence: began after the end of British link: www.supremecourtofindia.nic.in
Rule, when India attained Independence on August
15, 1947.
The modern legal system was introduced by the
British during the East India Company Rule. The first
important legislative work of the company was done by English law is the basis of Indian law. The Constitution of
Gerald Aungier in 1670 in the Bombay Presidency. In 1687 India is a written document which was drafted by the
the first Mayor's Court was established in the Madras Constituent Assembly members of India. It is greatly
Presidency. The New Judicial Plan was issued in 1672 with influenced by the British principles of responsible govern-
the introduction of English law in the Bombay Presidency. ment. The cabinet system in India is similar to that of the
By Charter of 1753 the 'Courts of Requests' were British cabinet system. In place of the Crown, India has
established for the first time in Bombay, Madras and the President as the Constitutional Head of the State.
Uma Narayan

Although the Indian Constitution has borrowed its Government Bills are drafted by Government drafts-
provisions from the various constitutions of the world, it men and introduced in either House of Parliament by the
reflects Indian tradition and ideas of justice. The Preamble Minister concerned. Seven days' notice of a motion for
shows that the authority of the Government of India is leave to introduce the bill has to be given by the Minister.
derived from the people. It also states the objectives of the A Statement of Objects and Reasons, memorandum
Constitution. Another unique feature of the Indian regarding delegation of legislative power and financial
Constitution is that, notwithstanding the adoption of a memorandum regarding delegation wherever necessary
federal system and existence of Central Acts and State Acts under the rules, will have to be enclosed with the Bill
in their respective spheres, it has generally provided for a introduced in the House.
single integrated system of courts to administer both Union A copy of the Ordinance will have to be included if
and State laws. At the apex is the Supreme Court of India, the Bill is seeking to replace the Ordinance, along with a
under which are the High Courts and a hierarchy of statement explaining the circumstances which have neces-
subordinate courts. Another important feature is the sitated immediate legislation by Ordinance. Copies of the
Fundamental rights to the people of India. These rights are Bill are made available to members at least two days before
justifiable. The Constitution of India is flexible and can be the date on which it is proposed to be introduced.
amended to meet the requirement of the growing nation There are different stages through which the Bill has to
and its changing needs, but under certain compelling pass before it becomes an Act. Each Bill undergoes three
circumstances only. The Constitution of India with the readings in each House i.e. First Reading, Second Reading
latest amendments is available at the link: http:// indiacode. and Third Reading. Thereafter it is sent to the President of
nic.in/coiweb/welcome.html India for his assent, which completes the legislative process.
The sources of Indian Law are: In the First Reading there is usually no discussion and
A) Legislation: Laws made by the Parliament, State a motion for leave of the House to introduce a Bill is
Legislature & Union Territory Legislature moved and the Bill is introduced. If the Bill is opposed by
a member, then the Speaker of the House permits brief
B) Case Law: the decisions of the Courts
statements by the member who opposes and the
C) Other Legal Sources: including Digests, Halsbury's member who has moved the motion. Finance and
Laws of India, legal textbooks, Law Commission Appropriation Bills cannot be opposed.
Reports, dictionaries etc. After a Bill has been introduced, it is published in the
Gazette of India, but the Speaker may order publication of
the Bill in the Gazette even before introduction. The Bill is
published in the Gazette of India, Extra Ordinary Part II Section
II. An example of a Bill is given on the following page.
Legislation is divided into primary (original) and second- The Second Reading is the consideration stage of the
ary (delegated or subordinate legislation). Primary Bill. There are two steps at this stage: the first one involves
legislation becomes law only after a detailed debate and a general discussion of the Bill as a whole, where only the
scrutiny within Parliament, culminating in approval by the principle underlying the Bill is considered, not its details. At
President of India, whilst secondary legislation consists of this stage it is open to the House to refer the Bill either to
the rules and regulations prepared by an authority out- a Select Committee or a Joint Committee of the two
side Parliament under the powers given by Parliament Houses, with the concurrence of the other House, or to
through primary legislation. Primary legislation can take circulate it for eliciting opinion or to straightaway take it
the form of an Act of Parliament or a Bill. into consideration. A Money Bill cannot be referred to a
Joint Committee. After the Select Committee or Joint
Committee presents its report on a Bill to the House, the
Minister may move a motion that the Bill, as reported by
the Select/Joint Committee, be taken into consideration.
The second step of the Second Reading starts after the
A Bill is the draft of a legislative proposal which can be motion that the Bill, or the Bill as reported by the Select/
introduced in either House of Parliament i.e. Lok Sabha Joint Committee, be taken into consideration clause by
(House of the People) or Rajya Sabha (Council of States). clause. This is often long and laborious.
Bills broadly fall into two categories namely: In the Third Reading there are arguments in favour or
a) Government Bills and against the Bill. In passing an Ordinary Bill, a simple
majority of members present and voting is required.
b) Private Bills
After the Bill has been passed by the Originating
Bills can also be categorized as: House, it is transmitted to the other House for its
i) Ordinary Bills concurrence, with a message to that effect. Here again
there are three readings. If the Bill is passed as it has been
ii) Money Bills dealing with financial matters and
transmitted by the Originating House, it is sent to the
iii) Constitution Amendment Bills President of India for his assent.
 Sources of Indian Legal Information

If the Bill is passed with any amendments in the other (a) "aggrieved person" means any woman who is,
House, then it is sent back to the first House. If the first or has been, in a domestic relationship with the
House disagrees with the amendments, then a Joint respondent and who alleges to have been subjected
Sitting of the two Houses may be summoned by the to any act of domestic violence by the respondent;
President for the purpose of deliberating and voting on
the Bill. If it is passed at the Joint Sitting of the two (I) Name and Type of the Gazette with Part
Houses with amendments, if any, then it is deemed to Number
have been passed by both Houses.
(2) Number of the Gazette, Place, Day, Date &
When the Bill is passed by both Houses of Parliament,
Year of Publication
it is presented to the President for his assent. He may
either give his assent, or withhold his assent and return (3) Name of the House
the Bill for reconsideration. If it is again passed by the
Houses and presented to the President for his assent, he (4) Bill Number
cannot then withhold his assent. A Bill becomes an Act (5) Preamble
after the President has assented to it.
(6) Short Title

(7) Extent

(8) Commencement
The text of the Bill follows the Definition section. The
Bill is accompanied by Statements of Objects and (9) Definitions
Reasons, Notes on Clauses, Financial Memorandum and
Memorandum regarding Delegated Legislation.

The Gazette of India

Extraordinary After the President's assent, the Bill becomes an Act of
Parliament, which is officially published in the Gazette of
(I) Part II - Section 2
Published by Authority India. An example of the structure of an Act is given
below. The text of the Act follows the Definition section.
(2) No. 44 New Delhi, Monday, August 22, 2005/
SRAVANA 31, 1927
Separate paging is given to this Part in order that it
may be filed as a separate compilation
(3) LOK SABHA
(4) Bill No. 116 of 2005
(5) A Bill to provide for more effective protection of the rights The Gazette of India
of women guaranteed under the Constitution who are Extraordinary
victims of violence of any kind occurring within the family
and for matters connected therewith or incidental thereto. (I) Part II - Section I
Published by Authority
Be it enacted by Parliament in the Fifty-sixth Year of
the Republic of India as follows: (2) No. 49 New Delhi, Wednesday, September 14,
2005/ Bhadra 23, 1927
CHAPTER I
Separate paging is given to this Part in order that it
Preliminary
may be filed as a separate compilation
(6) I. (I) This Act may be called the Short title
Ministry of Law and Justice
Protection of Women from
(3) (Legislation Department)
Domestic Violence Act, 2005
New Delhi, the 14 th September, 2005/Bhadra 23,
(7) (2) It extends to the whole of Extent 1927(Saka)
India except the State of Jammu
(4) The following Act of Parliament received the
and Kashmir
assent of the President on the 13 th September,
(8) (3) It shall come into force Commencement 2005, and is hereby published for general
on such date as the Central information
Government may, by notification
(5) The Protection of Women From Domestic
in the Official Gazette, appoint
Violence Act, 2005
(9) 2. In this Act, unless the context Definitions No. 43 of 2005
otherwise requires, [I 3 th September, 2005]
Uma Narayan

(6) An Act to provide for more effective protection of function delegated by Parliament to a subordinate
the rights of women guaranteed under the authority, then they are laid before the House within
Constitution who are victims of violence of any the time specified in the Act. Rules framed under the Act
kind occurring within the family and for matters cannot be laid before Parliament unless they are notified
connected therewith or incidental thereto. in the Gazette in accordance with the relevant provisions
Be it enacted by Parliament in the Fifty-sixth Year of the Act. All Notifications issued under an Act
of the Republic of India as follows: containing provision for their being laid on the Table
should be so laid.
CHAPTER I
Preliminary

(7) I. (I) This Act may be called Short title

the Protection of Women from
Domestic Violence Act, 2005
The sources of legislative information are as follows:
(8) (2) It extends to the whole Extent a) Digest of Central Acts: Published quarterly by
of India except the State of Lok Sabha Secretariat and printed by the
Jammu and Kashmir Government Printing Press, New Delhi, contains
(9) (3) It shall come into force Commencement synopsis of all Bills passed by Parliament and assented
on such date as the Central to by the President.
Government may, by notification b) The Current Indian Statutes: Published monthly
in the Official Gazette, appoint by the Current Indian Statutes, Chandigarh, contains
(10) 2. In this Act, unless the Definitions notifications of Central Government, Indian
context otherwise requires, Parliament Acts and Constitutional amendments
with State Acts and Notifications.
(a) "aggrieved person" means any woman who is,
or has been, in a domestic relationship with c) Current Central Legislation: Published monthly
by Eastern Book Company, Lucknow, contains
the respondent and who alleges to have been
subjected to any act of domestic violence by the Journal section, Acts of Parliament, Central
respondent; Ordinances, Regulation, President's Acts and
Constitution Amending Acts, Rules, Regulation,
(I) Name and Type of the Gazette with Part
Orders and Notification of Central Government and
Number
Supreme Court of India.
(2) Number of the Gazette, Place, Day, Date & d) All India Reporter: is Published by All India
Year of Publication Reporter, Nagpur. This is a monthly Law Reporter
(3) Name of the Ministry and includes latest Acts of Parliament.

(4) Date of Assent by the President e) The AIR Manual Unrepealed Central Acts
(Civil and Criminal): The latest edition is the sixth
(5) Long Title in multiple volumes published by All India Reporter
(6) Preamble Ltd., Nagpur. Contains the Acts of Parliament with
relevant case law and commentary. Seventy nine new
(7) Short Title acts are included in this edition.
(8) Extent Universal's Encyclopaedia of Important
(9) Commencement Central Acts and Rules: Published by Universal
Law Publishing Co., Delhi in twenty volumes and
(10) Definitions includes all the major Acts, Rules, Regulations,
The Gazette of India is the official publication of the Orders and Schemes covering a vast subject area.
Government of India. g) The Civil Court Manual: Published by the Madras
Law Journal Office, Chennai, contains all major
Central Civil Acts.

h) All India Criminal Court Manual: Published by

Vinod Publishing House, Delhi, contains all major
Central Criminal Acts.
This is the act of making statutory instruments by a body
subordinate to the legislature and in exercise of the i) Malik & Manchanda's Encyclopedia of
powers within specific limits conferred by the legislature. Statutory Rules under Central Acts: Published
If a regulation, rule, sub-rule, bye-law etc is framed in by Delhi Law House, Delhi in fifteen volumes.
pursuance of the Constitution, or of the legislative Contains the rules framed under the Central Acts.
 Sources of Indian Legal Information

j) Bharat's Laws of India 1836 to date with 4. Supreme Court Cases: Published weekly by
commentary and State amendments: Eastern Book Company, Lucknow. Contains latest
Published by Bharat Law House Pvt. Ltd., New Delhi, Supreme Court Judgements with Subject index,
contains all the Central Unrepealed Acts, including Notable Excerpts, Table of Cases Reported and
judicial references. Table of Cases Cited.
k) India Code: Published by Department of 5. Supreme Court Almanac (SCALE) : Published
Publications, Delhi. Contains all the Acts of weekly by LIPS Publication Pvt. Ltd. New Delhi.
Parliament. The link to the electronic version is Contains Supreme Court judgments with subject
http://indiacode.nic.in/ index and important orders and proceedings.
Sample citation 2006(8) Scale 46
6. AIR Supreme Court Weekly: Published weekly
by S.W. Chitaley on behalf of All India Reporter,
Some free Web sites are: Nagpur. Contains Supreme Court Judgements with
Nominal Table, Subject Index, List of cases Overruled,
http://www.indialawinfo.com/bareacts/
Topical Index and Reports of Recent Cases.
mainbare.htmI
www.mahalibrary.com Sample citation 2006 AIR SCW 3169

http://www.helplinelaw.com/docs/bareact.shtml 7. Judgment Today: Published weekly by

Judgment Today, Delhi. Contains Supreme Court
Judgments with subject index.
Sample citation: JT 2006 (8) SC I

The doctrine of precedent has been well settled in India. As There are Law Reports published inall the States of India
perArticle 141 ofthe Indian Constitution,the lawdeclared by containingtheir High CourtJudgements, such as the Bombay
the Supreme Court shall be binding on all courts within India. Cases Reporter, Madras LawJournal, Delhi Law Times etc.
With the establishment of courts during British Rule, Subject law reports are also published, such as Service Law
law reporting made its appearance in India. After the Reporter, Labour LawJournal, Criminal LawJournal etc.
establishment of High Courts, regular law reporting
started in India. The Indian Law Report Act was passed in
1875 to authorise the publication of the reports of cases
decided by High Courts. The fourteenth Law
(I) (2006) 6 Supreme Court Cases 673
Commission Report of India is about judicial reforms
and contains a detailed account of law reporting in India. (2) (Before Dr. A.R. Lakshmanan and Lokeshwar Singh
The link for the electronic version is http://lawcommis- Panta, JJ.)
sionofindia.nic.in/ 1-50/Report I 4Vol I.pdf.
(3) Arvinder Singh Bains
judgements of the subordinate judiciary are not
Versus
published. State of Punjab And Others
Some well known law reports are:
I. Supreme Court Reports: Official publication of (4) Civil Appeal No. 6373 of 2001, decided on May 24,
judgements of Supreme Court of India published by 2006
Department of Publication, Govt. of India Delhi. (5) A. Service Law - Seniority - Inter se seniority -
Direct recruits and promotees- Quota-rota-
Sample citation: (1960) 2 SCR 198
Roster prescribed for appointment- Must be
2. Indian Law Reports: Official publication of violation thereof, held, is liable to be set aside-.....
judgements of State High Courts. Very few State B. Service Law - Practice- In vogue for long in the
High Courts publish these series on regular basis. State .........
They are either monthly or bimonthly. (6) The appellants are direct recruits (1986 batch) to
Sample citation ILR (2004) II Delhi 467 the PCS and the dispute is regarding their seniority
vis-A-vis recruits from other sources (1984 batch).
3. All India Reporter: Published monthly by All India
Held:
Reporter, Nagpur. Contains the reported judgements
The issue in this case relates to the interrelation
of the Supreme Court and High Courts in India. Also
between Rules 18 and 21 of the Punjab Civil
contains Acts of Parliament, journal articles, notes of
Services (Executive Branch) (Class I) Rules, 1976.
cases, lists of cases overruled, reversed and dissented
Joint reading of Rules 7 and 18 envisages that
and indexes (Nominal, Subject and Topical).
appointments are to be made when the names
Sample citation AIR 1960 SC 297 have been entered in all the Registers ......
Uma Narayan

(7) Advocates who appeared in this case: Court judgments and Criminal Law Journal
L.N. Rao, Senior Advocate (Rishi Malhotra and Prem judgments.
Malhotra, Advocates, with him) for the Appellant; C) Manupatra: Online service provided by Manupatra
M.N.Krishnamani and Ashok Panda, Senior Information Solutions Pvt. Ltd., New Delhi, which
Advocates for Respondents. has the database covering Supreme Court and High
Court full text judgments from 1950 or year of
(8) Chronological list of cases cited
inception onwards, the orders of fifteen tribunals
I. (2004) 6 SCC 729
and commissions, Acts of Parliament with
2. (2003) II SCC 614 amendments, the text of bills in Parliament and
unrepealed acts, notifications and circulars of 36
3. (2002) 10 SCC 710
ministries sourced directly from the Gazette of
(9) The Judgement of the Court was delivered by India, international treaties, case law, structured
Dr. A.R. Lakshmanan, J.- Respondents 6 and 7- information on arbitration, IPR, environment, WTO,
Khusi Ram and Gurpal Singh Bhatti are impleaded anti-dumping etc. and procedural, regulatory &
as parties in IA No. 3 as per order dated 18-5- legislative information on various topics. Their web
2006.... address: www.manupatra.com
(I) Citation (5) Catchwords (9) Judgement Other similar web sites are:
I) www.judgements-online.com
(2) Coram (6) Headnotes
2) http://www.ebc-india.com/
(3) Name of the (7) Names of
Parties Advocates 3) www.supremecourtcaselaw.com

(4) Case Number (8) List of other 4) www.indlaw.com

& date of Cases cited 5) www.scjudgments.com
Decision

I) Digests
Some well known Digests are:

The free Web site www.judis.nic.in has all the reported 1. Supreme Court Yearly Digests: Published by
judgments of the Supreme Court and some High Courts. Eastern Book Company, Lucknow in a single volume.
The Web site www.courtnic.nic.in gives the status of Contains the laws laid down by the Supreme Court in
cases of the Supreme Court and the High Courts. each branch of law of that year with quick referencing
Some of the well known electronic sources are as by the addition of Synopsis, Cross References,
follows: Annotations, Editorial notes, Table of Cases Digested,
A) Supreme Court Cases Full Text on CD-ROM Table of Cases Overruled, Reversed and Followed,
Premium Edition: developed by Eastern Book Comparative Tables, List of Articles in Supreme Court
Company, Lucknow, contains full text Supreme Court Cases, Practical Lawyer and Practical Lawyer Web Journal,
judgments from 1950to date. Its Add-on Databases are: Notable Excerpts from the judgments, List of Acts of
Parliament passed in that year and Date of Enforcement
a) Statute Law Finder (Five Hundred Acts of of Acts of Parliament.
Parliaments and Statutory Instruments with
International Treaties and Conventions). 2. Supreme Court Citator (1950-2000): Published
by Butterworth's India is in three volumes. Contains
b) Bombay High Court Case Notes from 1960 to date
the Tables of Cases Reported in more than one series,
c) Calcutta High Court Case Notes from 1974 to date multiple citations are listed under the same entry in
the first volume. Cases judicially considered by the
d) Madras High Court Case Notes from 1995 to date
Supreme Court in the second volume and legislation
e) Journal Articles from Supreme Court Cases and referred to in the third volume. Has alphabetical
Practical Lawyer listing of all legislation referred to in all the cases of
the Supreme Court.
f) Supreme Court Words & Phrases
3. The Supreme Court Milliennium Digest (1950-
B) Supreme Court AIR on CD-ROM from 1950 2000): Published by All India Reporter, Nagpur in 16
to date: by All India Reporter, Nagpur; contains full
volumes and free two volumes of consolidated
text Supreme Court judgments.
Nominal Table and Topical Index. Practically covering
AIR High Court & Criminal Law Journal from all the Supreme Court Judgments published in all the
1996 to date is also available; contains full text High leading journals of India.
 Sources of Indian Legal Information

There are Digests published in various subjects cover- c) Judicial Dictionary by Justice L.P.Singh & P.K.
ing Supreme Court and High Court judgments like the Majumdar published by Orient Publishing Co., New
Service Law Digest, Digest of Company Cases etc. Delhi, contains judicial and legislative definitions, legal
II) Commentary maxims and interpretation of statutes.

Halsbury's Laws of India: Published by LexisNexis d) Supreme Court Words & Phrases(I 950-2004)
Butterworths, New Delhi in 45 volumes. To date 29 by Justice R.P.Sethi published by Ashoka Law House,
volumes are published. The first volume contains the New Delhi is a good source for judicially interpreted
title scheme, references and abbreviations for law words and phrases.
reports, table of statues, table of subsidiary
VII) Law Commission Reports: To date 17 Law
legislation, table of foreign legislation, table of cases and
Commissions have been set up in India and they have
index with the main commentary on the subject.
published 195 Reports. The present one is the
Ill) Textbooks: Detailed commentaries are published Seventeenth Law Commission of India. All the Law
for various legal subjects, Acts of Parliament and State Commission Reports are available at this link:- http://
Legislation. Example: Administrative Law, The Indian lawcommissionofindia.nic.in.
Stamp Act etc.
VIII) CD-ROM
IV) Manuals: Manuals on various subjects are published.
Example: Election Manual, All Indian VAT Manual etc. Some manuals, Acts of Parliament, judgments, business &
V) Cases and Materials on various subjects are published. taxation law, service law, legal deeds, documents and
Example: Cases & Materials on Dishonour of Cheques. forms are available on CD-Rom. The link www.sapa-
naonline.com will give all details.
VI) Dictionaries:
a) P. Ramanatha Aiyar's The Law Lexicon with Legal
Maxims, Latin Terms and Words & Phrases is published
by Wadhwa and Co., Nagpur. It is an encyclopaedic law
dictionary comprising all statutory definitions and
The above mentioned legal sources, being comprehen-
judicial expositions of words and phrases.
sive, can be of great academic and professional help to
b) K J Aiyer's Judicial Dictionary published by legal professionals, as well as laymen who are concerned
Butterworths India, New Delhi, isa complete lawlexicon. with Indian law.